Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Plea of accused for want of statutory notice - Plea held, baseless as endorsement shows it was returned as `not claimed' - Conviction upheld...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Reduction of sentence - Sentence awarded is very harsh and disproportionate to offence and such a harsh sentence not warranted - Conviction set aside - Accused directed to suffer imprisonment till rising of Court and pay compensation...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for default - Complainant remained absent on date of hearing - But he preferred an application for exemption on the said date on account of his sickness and health ground - Held, it cannot be construed that complainant was not diligent..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Acquittal - Validity - Complainant stated in his complaint that legal notice was returned back unserved in connivance with postal peon - No evidence has been adduced by complainant to show that there was any connivance between postal peon and accused due to which said notice was returned with..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Cheque formed part of security deposit which was payable by petitioner as a liability to complainant - Cheques were not given as security per se, but were issued towards discharge of liability of payment of security - In consideration of this security, respondent agreed to remain deprived of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Accused had no case that she had issued a blank cheque to complainant and that he had filled up the particulars - She remained satisfied with mere denial of transaction - Held, it is for accused to explain as to how complainant came into possession of cheque drawn on her account..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - On the basis of complainant"s power of attorney, `T' sold a part of land and took consideration thereof, but did not pass over same to him - Later `T' issued cheque which was dishonoured - Version of `T' that it was a blank cheque, which was given by him to complainant as an instrument of..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Held, parties, in reference to offence u/s 138 r/w S.147 of NI Act are at liberty to compound the matter at any stage even after dismissal of revision application - Even a convict undergoing imprisonment with the liability to pay the amount of fine imposed by Court and/or..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Complaint - Quashing of - Petitioners were having loan transactions with deceased and it was normal for them to insist that their money be returned - No act has been attributed to them which can be termed to be taking recourse to illegal activity for recovery of such..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt/liability - Appellant-complainant admitted in his cross-examination that he had given Rs.1,50,000/- to "S" and that he had never met accused prior to coming to court - The said defence was also raised by accused while giving reply to notice served by complainant - Held,..........
